BILL NUMBER: SB 615	CHAPTERED  10/10/99

	CHAPTER   778
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 10, 1999

INTRODUCED BY   Senator Burton

                        FEBRUARY 24, 1999

   An act to amend Section 20801 of, and to add Sections 20694,
21363.2, and 21363.7 to, the Government Code, relating to state
employees, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 615, Burton.  State employees:  State Bargaining Units 5 and 6.

   (1) Under existing law, the normal rate of contribution to the
Public Employees' Retirement System for patrol members, as defined,
is 8% of the compensation in excess of $863 per month.
   This bill, with respect to members of State Bargaining Unit 5,
would require the state to pay those employee contributions until
June 30, 2001, at which time those members would make contributions
at the rate of 1.5% of the compensation in excess of $863 per month,
and the state would pay the balance, thereby making an appropriation.

   (2) The Public Employees' Retirement Law prescribes a service
retirement formula for state peace officer/firefighters and provides
that the retirement allowances for state peace officer/firefighter
members may not exceed 75% of final compensation, or 85% of final
compensation for members in State Bargaining Units 6 and 8.  SB 400,
if enacted, would modify the service retirement formula for peace
officer/firefighter members.
   This bill would, contingent upon the enactment of SB 400, provide
that those patrol members in State Bargaining Unit 5 who were
previously classified as peace officer/firefighter members shall have
their prior peace officer/firefighter service credited, at no cost
to the members, under the modified formula.  The bill would also
increase the retirement allowance limitation to 90% for peace
officer/firefighter members.
   (3) Existing law provides that if any provision of a memorandum of
understanding reached between the state employer and a recognized
employee organization representing state civil service employees
requires the expenditure of funds, those provisions of the memorandum
of understanding shall not become effective unless approved by the
Legislature in the annual Budget Act.
   This bill would approve provisions of specified memoranda of
understanding entered into between the state employer and specified
employee organizations, and would provide that the provisions of any
memorandum of understanding that require the expenditure of funds
shall become effective even if the provisions of the memorandum of
understanding are approved by the Legislature in legislation other
than the annual Budget Act.
   This bill would provide that any provision in a memorandum of
understanding approved by any section of this bill that requires the
expenditure of funds shall not take effect unless funds for these
provisions are appropriated by the Legislature, and would provide
that if funds for these provisions are not appropriated by the
Legislature, all or any part of the memorandum of understanding may
be declared null and void by any affected employee organization.
   (4) This bill would declare that it is to take effect immediately
as an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 20694 is added to the Government Code, to read:

   20694.  (a) This section shall apply only to patrol members in
State Bargaining Unit 5.
   (b) The state shall pay all of the normal contributions required
to be paid by patrol members pursuant to Section 20681 until June 30,
2001.
   (c) Notwithstanding Section 20681, effective July 1, 2001, the
normal rate of contribution for patrol members shall be 1.5 percent
of the compensation in excess of eight hundred sixty-three dollars
($863) per month paid those members.  The state shall pay the
difference between the normal contributions that would be required to
be paid by patrol members pursuant to Section 20681 and the amount
paid by those members pursuant to this section.
   (d) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
  SEC. 2.  Section 20801 of the Government Code is amended to read:
   20801.  (a) The state's contribution to the retirement fund with
respect to state patrol members is a sum equal to 31.18 percent of
the compensation paid state patrol members.
   (b) With respect to patrol members in State Bargaining Unit 5, the
state shall make the additional contributions specified in Section
20694.
  SEC. 3.  Section 21363.2 is added to the Government Code, to read:

   21363.2.  (a) This section shall apply only to patrol members in
State Bargaining Unit 5.
   (b) Patrol members who were previously classified as peace
officer/firefighter members shall have their past service under
Section 21363 credited, at no cost to the member, under Section
21363.1.
  SEC. 4.  Section 21363.7 is added to the Government Code, to read:

   21363.7.  Notwithstanding Section 21363, 21363.1, or 21363.5, the
limitation on the service retirement benefit shall be 90 percent for
state peace officer/firefighter members who retire on and after
January 1, 2000.  This provision may also be applied to state peace
officer/firefighter members in related supervisory or confidential
positions, provided that the Department of Personnel Administration
has approved this inclusion in writing to the board.
  SEC. 5.  The Department of Personnel Administration shall
investigate the feasibility of developing and implementing a Deferred
Retirement Option Plan within the Public Employees' Retirement
System for members of State Bargaining Units 5 and 6.
  SEC. 6.  The provisions of the following memoranda of understanding
prepared pursuant to Section 3517.5 of the Government Code and
entered into by the state employer and the following employee
organizations in 1999, which require the expenditure of funds, are
hereby approved for the purposes of Section 3517.6 of the Government
Code:
   (a) Unit 5--California Association of Highway Patrolmen.
   (b) Unit 6--California Correctional Peace Officers Association.
  SEC. 7.  Notwithstanding Section 3517.6 of the Government Code, the
provisions of any memorandum of understanding that require the
expenditure of funds shall become effective even if the provisions of
the memorandum of understanding are approved by the Legislature in
legislation other than the annual Budget Act.
  SEC. 8.  Any provision in a memorandum of understanding approved by
any section of this act that requires the expenditure of funds shall
not take effect unless funds for these provisions are appropriated
by the Legislature. If funds for these provisions are not
appropriated by the Legislature, all or any part of the memorandum of
understanding may be declared null and void by any affected employee
organization.
  SEC. 9.  Section 3 of this act shall become operative only if
Senate Bill 400 of the 1999-2000 Regular Session is enacted and
becomes effective on or before January 1, 2000, and, as enacted, adds
Section 21363.1 to the Government Code.
  SEC. 10.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
   In order for the provisions of this act to be applicable as soon
as possible in the 1999-2000 fiscal year and thereby facilitate the
orderly administration of state government at the earliest possible
time, it is necessary for this act to take effect immediately.
